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Unpacking the NSW Building Commission Legislation



The construction industry in New South Wales is facing a significant shift with the introduction of new legislation by the NSW Building Commission. This change comes at a time when the industry, but especially small building companies, are grappling with unprecedented challenges.


The Current State of the Industry

Industry at a Crossroads: The construction sector has been brought to its knees, with small builders feeling the impact acutely. The combination of economic pressures and industry-specific challenges has created a perfect storm.


For many small building companies, survival has been the name of the game. Managing a small business in this sector has become more complicated than ever. Gone are the days when you complete a trade, buy a yellow pages ad and put your ad in the local paper waiting for the phone to ring. 


The business is complicated, a small builder today drowns in paperwork and compliances, insurances and forms, a lot of red tape driven from the upper end of town.


Staffing Challenges: Finding and retaining skilled staff has been a herculean task, further complicating operations for small builders.


Economic Squeeze: As interest rates rise, work is dwindling, yet costs continue to escalate, squeezing the margins of small builders.


Overview of the new NSW building laws

More Inspections: Inspectors can now check residential buildings like houses and terraces at any time, without a complaint triggering the visit. This means small builders and tradespeople should always be prepared for inspections, on both ongoing and completed projects.


Stricter Licensing Rules: The government can now stop someone from getting a building licence if they've been involved with a company that had financial troubles in the past 10 years. This is to prevent people from dodging responsibilities by starting new companies.


New Insurance for Apartment Buildings: Developers must get a 10-year insurance policy for apartment buildings to cover any defects. This is to protect the people living there, and the policy must be in place before people start living in the building.


Immediate Suspension of Certifiers and Engineers: If professionals like certifiers or engineers are doing something wrong, they can be suspended right away, especially if their actions could cause harm. This quick action is meant to keep construction safe.


Safety of Building Materials: There are new rules to ensure that the materials used in construction are safe and meet quality standards. If a product is unsafe, it can be banned or recalled.


For small builders, these changes mean they need to be extra careful in their work, ensuring quality and staying updated with regulations. The goal of these laws is to make buildings safer and protect people living in them.


Potential problems with the Legislation

The new legislation aims to provide better oversight of the construction industry. This is understandable, given the need to weed out malpractices and ensure quality and safety. However, there's a growing concern that this might lead to a punitive approach, creating a culture of fear rather than one of support and growth.


David Chandler OAM, the Building Commissioner, exemplifies this new approach. While the intent to rid the industry of unscrupulous players is commendable, there's apprehension about whether public ridicule and a punitive stance are the right methods.


The Need for Support, Not Just Surveillance

Small builders and trade businesses, who form the backbone of the industry, need support now more than ever. It's crucial to avoid a witch hunt or creating additional red tape that could further strangle small businesses. They need a voice to stand up for them, to navigate these turbulent times.


Vilification of the Industry: The legislation seems to paint the entire industry with a broad brush, potentially vilifying all builders rather than targeting specific malpractices.


Punitive Approach: The focus is more on punishment rather than constructive engagement. This could discourage open communication and improvement.


Oversimplified Narrative: The legislation appears to categorize building companies as either good or bad, ignoring the complexities and challenges faced by competent builders, such as market forces, government projects, immigration law changes, and overemphasis on training.


Lack of Oversight for Inspectors: There's a concern about how the increased powers of inspectors are monitored. If inspectors are heavy-handed or target people unfairly, it could lead to unjust outcomes.


Support for Builders: The legislation seems to lack provisions for helping builders rectify issues and get back on track. Support mechanisms for small builders facing difficulties are crucial for a fair and effective regulatory environment.


Impact on Small Builders: Small builders might struggle more under this legislation due to limited resources and capacity to navigate the increased regulatory demands.


Adaptation Challenges: Smaller companies may find it difficult to adapt quickly to these changes, which could impact their business operations and sustainability.


Market Disruption: The legislation could disrupt the market, potentially leading to increased costs and a reduction in available builders and tradespeople.


Risk of Inconsistent Application: With increased powers, there's a risk of inconsistent application of rules across different regions and projects.


Long-Term Industry Health: Without a balanced approach that includes support and education, the long-term health of the construction industry could be at risk.


The legislation, while aiming to uplift industry standards, may benefit from a more balanced approach that includes support, education, and fair oversight to ensure it effectively addresses issues without unfairly impacting well-intentioned builders.


Here’s a link to the legislation 





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